People v. R.T.P., E036355
Conviction of violating Health and Safety Code section 11352(a), and resulting sentence of 25 years to life under the "Three Strikes" law, is remanded to the trial court where there was prosecutorial misconduct and there is need for the trial court to hold an evidentiary hearing to consider whether and to what extent defendant was prejudiced by bargaining with the state without the presence of his appointed counsel.
Appellate Information
- Decided 05/23/2006
- Published 05/23/2006
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Nancy J. King, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Lilia E. Garcia, Supervising Deputy Attorney General, for Plaintiff and Respondent.